This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

537 

Vol. 71, No. 3 

Thursday, January 5, 2006 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

Airworthiness Standards: Normal, 

Utility, Acrobatic, and Commuter 

Category Airplanes; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Correcting amendment. 

SUMMARY: This document makes a 

correction to the final rule published in 

the Federal Register on August 6, 1993 

(58 FR 42165). That rule changed 

airframe and flight airworthiness 

standards for normal, utility, acrobatic 

and commuter category airplanes. 

DATES: Effective Date: This correction is 

effective on January 5, 2006. 

FOR FURTHER INFORMATION CONTACT: Joan 

Allen, telephone (202) 267–7037. 

SUPPLEMENTARY INFORMATION:

Need for Correction 

As published, the final regulation 

contains an error which may be 

misleading and needs to be clarified. 

List of Subjects in 14 CFR Part 23 

Aircraft, Aviation safety, Signs and 

symbols. 

■ Accordingly, 14 CFR part 23 is 

corrected by making the following 

correcting amendment: 

■ 1. The authority citation for part 23 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44704. 

■ 2. Revise paragraph (b) of § 23.773 to 

read as follows: 

§ 23.773 Pilot compartment view. 

* * * * * 

(b) Each pilot compartment must have 

a means to either remove or prevent the 

formation of fog or frost on an area of 

the internal portion of the windshield 

and side windows sufficiently large to 

provide the view specified in paragraph 

(a)(1) of this section. Compliance must 

be shown under all expected external 

and internal ambient operating 

conditions, unless it can be shown that 

the windshield and side windows can 

be easily cleared by the pilot without 

interruption of normal pilot duties. 

Issued in Washington, DC, on December 

29, 2005. 

Anthony F. Fazio, 

Director, Office of Rulemaking. 

[FR Doc. 06–85 Filed 1–4–06; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–23375; Airspace 

Docket No. 05–ACE–35] 

Modification of Class E Airspace; 

Beatrice, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amend Title 14 

Code of Federal Regulations, part 71 (14 

CFR part 71) by modifying Class E 

airspace at Beatrice, NE. The 

establishment of a Very High Frequency 

Omni-directional Range (VOR) 

Instrument Approach Procedure (IAP) to 

Runway 17 has made this action 

necessary. Additional controlled 

airspace extending upward from 700 

feet above the surface is needed to 

contain aircraft executing this IAP. The 

intended effect of this rule is to provide 

adequate controlled airspace for 

Instrument Flight Rules operations at 

Beatrice Municipal Airport, Beatrice, 

NE. 

DATES: This direct final rule is effective 

on 0901 UTC, April 13, 2006. Comments 

for inclusion in the Rules Docket must 

be received on or before January 27, 

2006. 

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2005–23375/ 

Airspace Docket No. 05–ACE–35, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524. 

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR 71 modifies the 

Class E airspace area extending upward 

from 700 feet above the surface at 

Beatrice, NE. These modifications 

provide controlled airspace of 

appropriate dimensions to protect 

aircraft executing IAPs to Beatrice 

Municipal Airport and bring the legal 

description of the Beatrice, NE Class E 

airspace area into compliance with FAA 

Orders 7400.2E and 8260.19C. This area 

will be depicted on appropriate 

aeronautical charts. Class E airspace 

areas extending upward from 700 feet or 

more above the surface of the earth are 

published in paragraph 6005 of FAA 

Order 7400.9N, Airspace Designations 

and Reporting Points, dated September 

1, 2005, and effective September 16, 

2005, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airpsace designation listed in this 

document will be published 

subsequently in the Order. 

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment 

or a written notice of intent to submit 

an adverse or negative comments is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 


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538 Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Rules and Regulations 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulemaking may be 

published with a new comment period. 

Comment Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2005–23375/Airspace 

Docket No. 05–ACE–35.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Agency Findings 

The regulations adopted herein will 

not have a substantial direct effect on 

the States, on the relationship between 

the national Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this final rule does not 

have federalism implications under 

Executive Order 13132. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation—(1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103. Under that section, the FAA is 

charged with prescribing regulations to 

assign the use of the airspace necessary 

to ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority 

since it contains aircraft executing 

instrument approach procedures to 

Beatrice Municipal Airport, Beatrice, 

NE. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ Accordingly, the Federal Aviation 

Administration amends 14 CFR part 71 

as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 if Federal Aviation 

Administration Order 7400.9N, dated 

September 1, 2005, and effective 

September 16, 2005, is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ACE NE E5 Beatrice, NE 

Beatrice Municipal Airport, NE 

(Lat. 40°18′05′′ N., long. 96°45′15′′ W.) 

Shaw NDB 

(Lat. 40°15′54′′ N., long. 96°45′25′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of Beatrice Municipal Airport and 

within 3.1 miles each side of the 185° bearing 

from the Shaw NDB extending from the 7.5- 

mile radius of the airport to 7 miles south of 

the Shaw NDB. 

* * * * * 

Issued in Kansas City, MO, on December 

19, 2005. 

Paul J. Sheridan, 

Area Director, Western Flight Services 

Operations. 

[FR Doc. 06–80 Filed 1–4–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Francisco Bay 05–011] 

RIN 1625–AA00 

Safety Zone; Mission Creek Waterway, 

China Basin, San Francisco Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard has 

established a temporary safety zone in 

the navigable waters of the Mission 

Creek Waterway in China Basin 

surrounding the construction site of the 

Fourth Street Bridge, San Francisco, 

California. This temporary safety zone is 

necessary to protect persons and vessels 

from hazards associated with ongoing 

bridge construction activities scheduled 

to continue through September 1, 2006. 

The safety zone temporarily prohibits 

use of the Mission Creek Waterway 

surrounding the Fourth Street Bridge, 

unless authorized by the Captain of the 

Port, or his designated representative. 

DATES: This rule is effective from 12:01 

a.m. on January 1, 2006 to 11:59 p.m. on 

September 1, 2006. Comments and 

related material must reach the Coast 

Guard on or before March 1, 2006. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket COTP 05–011 and are available 

for inspection or copying at the 

Waterways Safety Branch of Sector San 

Francisco, Coast Guard Island, Alameda, 

California, 94501, between 9 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Eric Ramos, U.S. Coast 

Guard Sector San Francisco, at (510) 

437–2770. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(3)(B), 


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